A Pottsville man who fatally shot someone trying to get into his house on the Fourth of July faces a charge of illegally having and using a rifle.

Patrick James McGuinness, 30, was barred from having the Marlin 30/30 lever action firearm because he had been involuntarily committed some years ago for mental health issues, according to city police.

A preliminary hearing for McGuinness is scheduled for 10:30 a.m. July 17 before District Judge James K. Reiley, Pottsville.

McGuinness posted $1,000 cash, 10 percent of his $10,000 bail, on Tuesday, according to online court records.

The charge, “persons not to possess, use, manufacture, control, sell or transfer firearms” is second-degree felony.

City Detective Joseph R. Welsh charged McGuinness after he shot and killed a person who has yet to be identified as that person was trying to enter McGuinness’ residence at 8:14 a.m. on Tuesday, according to court documents.

The charge reflects only the use of the rifle; no other charges were filed against McGuinness as of Wednesday.

Pennsylvania is a “Castle Doctrine” state. According to state law, the “use of force upon or toward another person is justifiable when the actor (party taking action against an intruder or assailant) believes that such force is immediately necessary for the purpose of protecting himself.”

However, certain criteria may apply, including that the person defending himself has the right to be there, does not have possession of an illegal firearm, has not provoked the assailant, and is not using deadly force against a police officer.

Welsh detailed the incident in the affidavit:

At 8:14 a.m. on July 4, police were dispatched to 427 East Norwegian St. concerning a person being shot. While en route, police were made aware by the caller, Patrick McGuinness, that he shot a person who was attempting to enter his residence.

Officers contacted McGuinness, who surrendered without incident and was taken into custody. He was later interviewed, and admitted to possessing the rifle and using it while he was in his residence, causing a person to die.

Police secured the rifle and placed it into evidence, pending further testing by the state police lab.

Welsh also confirmed through an interview with McGuinness that he had been involuntarily committed by his mother several years ago due to mental health issues.

McGuinness’ mother confirmed that that had happened.

Due to the involuntary commitment, McGuinness is not permitted to legally possess a firearm in Pennsylvania, Welsh wrote.

Police blocked off a section of Norwegian Street as they worked at the scene on Tuesday.